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Home My WebLink AboutLegislation-SUBCity of Miami Ordinance 14196 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13731 Final Action Date: 7/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 131 Northwest 75th Street, 134 Northwest 76th Street, 120 Northwest 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court, 7531 Northwest 1st Court, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7522 Northwest 1st Avenue, Miami, Florida ("Property") has a current future land use designation of "Medium Density Multifamily Residential"; and WHEREAS, LRMF Equity Owner LLC ("Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map, as amended ("FLUM"), of the Miami Comprehensive Neighborhood Plan, as amended ("MCNP"), to change the future land use designation o` the - Property to "General Commercial"; and WHEREAS, the site is 1.70 ± acres in size and increase the density from sixt fhre (4) rri dwelling units per acre to one hundred fifty (150) dwelling units per acre and allow tf rea st C .) variety of Residential and Commercial Uses; and WHEREAS, the predominant land use designations for the properties' immate 4f ,-: mile study area are categorized as low to moderate density (18 — 65 dwelling units per ac Residential communities; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-035 by a vote of eight to two (8-2), Item No. PZAB.10, recommending approval of the land use change; and City of Miami Page 1 of 3 File ID: 13731 (Revision: A) Printed On: 8/17/2023 13731 Legislation -SUB File ID: 13731 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14196 WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this amendment to the FLUM of the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, is hereby amended pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use designation of 1.70 ± acres of real property at 131 Northwest 75th Street, 134 Northwest 76th Street, 120 Northwest 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court, 7531 Northwest 1st Court, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7522 Northwest 1st Avenue, Miami, Florida from "Medium Density Multifamily Residential" to "General Commercial", as described in "Exhibit A," attached and incorporated. Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The proposed amendment does not involve a text change to goals, policie, or objectives of the City's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously.with.tpe small-scale FLUM amendment shall be permissible; (c) Is one which is not located within an area of critical state concern as o designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the MCNP, and intensity will be as established in Article 4 of the Miami 21 Code; and (e) The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, Section 163.3187, Florida Statutes. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File ID: 13731 (Revision: A) Printed on: 8/17/2023 File ID: 13731 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14196 Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 4/17/2023 t6ria 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 13731 (Revision: A) Printed on: 8/17/2023 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.co File Number: 13731 Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS A THE FUTURE LAND USE MAP OF THE MIAMI COMPREHE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE PROCEDURES SUBJECT TO SECTION 163.3187, FLO BY CHANGING THE FUTURE LAND USE DESIGNATI "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" T COMMERCIAL" OF THE ACREAGE DESCRIBED PROPERTY AT 131 NORTHWEST 75TH STREE 76TH STREET, 120 NORTHWEST 76TH STRE 75TH STREET, 7521 NORTHWEST 1ST CO COURT, 115 NORTHWEST 75TH STREET AVENUE, AND 7522 NORTHWEST 1ST MORE PARTICULARLY DESCRIBED I INCORPORATED; MAKING FINDING EFFECTIVE DATE. ENDED, IVE ENDMENT A STATUTES, FROM "GENERAL REIN OF REAL , 134 NORTHWEST , 139 NORTHWEST ; T, 7531 NORTHWEST 1ST 510 NORTHWEST 1ST, t rri ENUE, MIAMI, FLORIDA, AS XHIBIT "A," ATTACHED ANl 3. AND PROVIDING FOR AN ry Date: WHEREAS, the property located at 31 Northwest 75th Street, 134 Northwest 76ft' Street, 120 Northwest 76th Street, 139 N• hwest 75th Street, 7521 Northwest 1st Court531 Northwest 1st Court, 115 Northwest 75 Street, 7510 Northwest 1st Avenue, and 7-522 Northwest 1st Avenue, Miami, Florid - "Property") has a current future land use designation of "Medium Density Multifamily Resid: tial"; and WHEREAS, LRMF Equ' Owner LLC ("Applicant") applied to the City of Miami ("City") to amend the Future Land Use ap, as amended ("FLUM"), of the Miami Comprehensive Neighborhood Plan, as am. ded ("MCNP"), to change the future land use designation of the Property to "General Co ercial"; and WHEREAS, t dwelling units per variety of Reside site is 1.70 ± acres in size and increase the density from sixty-five (65) re to one hundred fifty (150) dwelling units per acre and allow the greatest sal and Commercial Uses; and WHE AS, the predominant land use designations for the properties' immediate half - mile study - ea are categorized as low to moderate density (18 — 65 dwelling units per acre) Residents. communities; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 15, 023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-035 by a v• e of eight to two (8-2), Item No. PZAB.10, recommending approval of the land use change; nd City of Miami File ID: 13731 (Revision:) Printed On: 5/3/2023 SUBSTITUTED WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission after careful consideration of this matter, dee s it advisable and in the best interest of the general welfare of the City and its inhabitant o recommend approval of this amendment to the FLUM of the MCNP as hereinafter t forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION MIAMI, FLORIDA: F THE CITY OF Section 1. The recitals and findings contained in the Preamble to is Ordinance are adopted by reference and incorporated as fully set forth in this Section Section 2. Ordinance No. 10544, as amended, the FLUM • " the MCNP, is hereby amended pursuant to small scale amendment procedures subje to Section 163.3187, Florida Statutes, by changing the Future Land Use designation of 1.70 _ acres of real property at 131 Northwest 75th Street, 134 Northwest 76th Street, 120 North est 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court, 7531 Northwest 1 s ourt, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7522 Northwest 1st Av: ue, Miami, Florida from "Medium Density Multifamily Residential" to "General Commerci. ', as described in "Exhibit A," attached and incorporated. Section 3. It is found that this amendme to the Comprehensive Plan designation change involves a use of fifty (50) acres or few- r and: Po (a) Is necessary due to chan d or changing conditions; (b) The proposed amend ► nt does not involve a text change to goals,polls, or objectives of the ty's comprehensive plan, but proposes a land use change to the futu - land use map for a site -specific development.; Hoover, text changes threlate directly to, and are adopted simultaneously with the small-scale F M amendment shall be permissible; (c) Is one whicr is not located within an area of critical state concern as designat=. by Section 380.0552, Florida Statutes or by the Administration Commi ion pursuant to Section 380.05(1), Florida Statutes; (d) Den will be one hundred fifty (150) dwelling units per acre, pursuant to the M ' P, and intensity will be as established in Article 4 of the Miami 21 Code; d The proposed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without limitation, Section 163.3187, Florida Statutes. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Or nance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Fri City of Miami File ID: 13731 (Revision:) Printed On: 5/3/2023 SUBSTITUTED Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein whichever is later City of Miami File ID: 13731 (Revision:) Printed On: 5/3/2023